Week 6 - Coroners Flashcards

1
Q

What is the role of a coroner?

A

Investigates almost all deaths, including homicides, but does not investigate natural deaths that occurred under a doctor’s care when death could be reasonably expected.

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2
Q

What is the history of death investigation?

A

It spans from prehistory to the establishment of the coroner’s system in England, which Canada adopted. The term “coroner” originated from “crowner” during King Alfred the Great’s reign (871-910 AD).

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3
Q

What were the roles of early coroners?

A

They acted as death investigators within the entire justice system, responsible for examining bodies and scenes, making arrests, conducting inquests, and passing judgment.

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4
Q

What significant event occurred in 1066 related to coroners?

A

The Norman Conquest introduced coroners and juries to determine whether the deceased was Norman or Saxon, leading to the Lex murdrorum, which imposed fines on villages if a Norman was found dead.

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5
Q

Statue of westminster 1725

A

coroner attends homicide and any crime

order men from 4 towns as jury - also present evidence

make inquiries and determine guilt

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6
Q

early coroners roles

A

eventually - just suspicious deaths

1751 - all sudden or unexpected

1887 - territory based on where decedent found

jury knew decedent

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7
Q

coroners today

A

finders of fact, not guilt

determine cause of death

give recommendation to prevent similar deaths

sudden, unexpected, violent deaths

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8
Q

north america coroner system

A

Coroner system US 1600s - Coroner also sheriff

1877 – medical examiner system

Some provinces have ME – AB, newfoundland, Manitoba, nova scotia

Ontario – coroner but must be MD (physicians)

Usually conducted for accident or unnatural deaths

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9
Q

What is the role of coroners in Canada?

A

Independent individuals responsible for overseeing investigations into sudden deaths under provincial coroners’ acts; there is no federal role.

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10
Q

What background do coroners in Canada typically have?

A

They usually have an investigative background and are mature individuals with life experiences, often retired police, doctors, or lawyers.

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11
Q

Who presides over inquests in Canada?

A

Very experienced coroners preside over inquests, which have a quasi-judicial role.

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12
Q

How do coroners respond to deaths in Canada?

A

Coroners are on call to attend almost all deaths, particularly in cases of homicide, where police are also present.

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13
Q

What is the legal jurisdiction of coroners in Canada?

A

Coroners always have legal jurisdiction over the body, even in homicide cases; police must ask for proof to touch the body.

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14
Q

What are the requirements for medical examiners (MEs) in Canada?

A

All MEs must be medical doctors; most are general practitioners rather than forensic pathologists.

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15
Q

Who conducts autopsies in Canada?

A

Autopsies are typically conducted by forensic pathologists, while chief and deputy chief MEs are usually forensic pathologists.

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16
Q

What are the main differences between medical examiners and coroners?

A

MEs are medical doctors with no judicial powers, while coroners (except in Ontario) do not need to be MDs and have judicial powers, conducting inquests.

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17
Q

How are coroners in the US different from those in Canada?

A

US coroners are often elected politically and not hired based on merit, leading to recommendations for replacement by MEs.

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18
Q

What is the purpose of the coroner’s service under the Ministry of Public Safety?

A

To investigate all unexpected and unexplained deaths, except natural deaths under a doctor’s care.

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19
Q

What circumstances require reporting to a coroner?

A

Circumstances include violence, accidents, self-inflicted injuries, sudden deaths not under care of a doctor, and other specified conditions.

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20
Q

What are the key roles of coroners?

A

Investigative, preventative, administrative (providing death certificates), and judicial (authority for inquests).

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21
Q

How do coroners contribute to society?

A

They aid in the administration of justice, help bereaved families, report findings to the public, protect special interest groups, increase knowledge in public health, and identify dangerous situations for corrective actions.

22
Q

What does the “Golden Triangle” refer to in death investigations?

A

It encompasses the history of the deceased, the death scene, and the body itself, which are essential for answering the five key questions.

23
Q

What types of history are important in death investigations?

A

Medical, psychiatric, and social histories, as well as interviews with friends and family to explain the deceased’s frame of mind.

24
Q

What legal rights do coroners have at a death scene?

A

Coroners have broader rights to search and seize evidence without a warrant if they suspect it relates to a death.

25
Q

How do investigators determine if a drug overdose was accidental or suicidal?

A

They seize all relevant drugs and paraphernalia, and toxicology reports help establish the presence of substances.

26
Q

What aspects are examined on the body during a death investigation?

A

Body position, angle of wounds, number of injuries, external signs, and blood splatter patterns.

27
Q

What are the seizure rights under the Coroners Act?

A

Coroners can seize anything related to the death without a warrant; police require a separate warrant.

28
Q

What is the role of medical investigators in death cases?

A

They assist coroners with complex medical issues and provide recommendations to improve patient safety.

29
Q

How does a coroner classify the manner of death?

A

Based on the death investigation, including reports, interviews, history, and examination of the scene and body.

30
Q

What are some problems in the US coroner system?

A

Coroners are often elected based on popularity rather than qualifications, leading to potential misclassifications of deaths.

31
Q

Why are vital statistics on death important?

A

They help identify patterns in deaths within a community, which may inform resource allocation and training needs.

32
Q

What is the difference between an inquiry and an inquest?

A

An inquiry is a public document that answers five questions about a death, narrative of circumstances, summary of data, recommendations

an inquest is a quasi-judicial process to determine all aspects of the death.

33
Q

What is the nature of recommendations made by coroners?

A

Recommendations are reasonable and practical but not legally binding; about 80% are implemented

if not implemented and another accident - lawsuit

34
Q

coroner special investigation units

A

identification coroner - unknown cold cases

resource industry coroner - mining, forestry

special investigation coroner - police involved deaths

intimate partner violence/family violence coroner

drug death investigation team

GIS and identification analysis

35
Q

What types of cases does the Child Death Review Unit handle?

A

Cases involving sudden infant death, youth suicides, youth transitioning out of care, and accidents involving young drivers.

36
Q

inquest juries

A

Jury – 5-7 people – hear evidence from expert witnesses and witnesses

Jury – answer 5 questions , recommendations to prevent future deaths, cannot assign blame, protection for witnesses to not induce guilt

Make circumstances of death public

37
Q

reasons to do an inquest

A

Beneficial to address community concerns, assist in finding information, drawing attention to cause of death, mandatory if died in care of peace officer, no longer mandatory for all prison deaths (still undergo autopsy)

38
Q

When does a coroner investigate a death?

A

A coroner investigates upon receiving a report of death in BC, or if circumstances related to BC occur outside of BC.

39
Q

Can coroners investigate cases without a body?

A

Yes, they can investigate if the body is missing, destroyed, cannot be recovered, or removed from BC without authorization, reporting to the chief coroner for direction.

40
Q

What powers does a coroner have during an investigation?

A

A coroner can take possession of the body, enter relevant locations, inspect cemeteries, access records, seize items, take charge of wreckage, and require information under oath.

41
Q

Who can direct the holding of an inquest?

A

The chief coroner or the minister can direct an inquest, particularly if the death occurred in custody or in public interest.

42
Q

What authority does the Attorney General have regarding inquests?

A

The Attorney General can direct that an inquest not be held if a person is charged with a criminal offense related to the death.

43
Q

Who must be notified of the inquest’s time and place?

A

The minister, crown counsel, deceased’s family, and any requesters, including representatives from the workplace if applicable.

44
Q

What is required for summoning a jury for an inquest?

A

A notice must be sent at least 30 days prior, with a jury of 5-7 members, familiar with the deceased’s work if related.

45
Q

Under what circumstances can jurors be discharged?

A

If they fall ill, fail to attend, die, or are otherwise unable to continue, as long as at least 3 jurors remain.

46
Q

When can an inquest be closed to the public?

A

If necessary to fulfill its purpose, protect privacy, ensure fair trials, or address national security concerns.

47
Q

What is the coroner’s power regarding information acceptance?

A

A coroner can receive and admit relevant evidence and may exclude anything deemed irrelevant.

48
Q

What rights do witnesses have during an inquest?

A

Witnesses may receive advice from counsel, and their answers cannot be used against them in trials except for perjury prosecutions.

49
Q

What must the jury’s verdict include?

A

The verdict must determine who the deceased was, how, when, where, and by what means they died, and may include recommendations.

50
Q

When do the coroner’s investigative powers end?

A

Powers end after a report is made to the chief coroner, following the inquest or if no further directions are needed regarding the death.

51
Q

What disqualifies a coroner from investigating a death?

A

Disqualifications include having attended the deceased medically within a year, performing a postmortem examination, or having a financial interest in the deceased’s case.